Orissa High Court
Kaushalya Bai vs State Of Odisha & Ors. ..... Opposite ... on 6 March, 2025
Author: S. K. Panigrahi
Bench: S. K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6742 of 2025
Kaushalya Bai ..... Petitioner
Mr. A.P. Bose,
Advocate
-versus-
State of Odisha & Ors. ..... Opposite Parties
Ms. Gayatri Patra, ASC
Executive Officer,
Baragarh Municipality
CORAM:
THE HON'BLE DR. JUSTICE S. K. PANIGRAHI
Order ORDER
No. 06.03.2025
01. 1. This matter is taken up through hybrid
arrangement.
2. This matter was not in today's list. On being
mentioned, this matter is listed through Special Notice.
3. The Executive Officer, Baragarh Municipality is
present before this Court.
4. In filing this Writ Petition, the Petitioner has
assailed the action of Opposite Party No.3/Baragarh
Municipality, represented through its Executive Officer,
Baragarh to Opposite Party No.6/Superintendent
Page 1 of 4.
Engineer, Road & Building Division, Baragarh who are
bent upon to demolish the structures of the Petitioner
standing over her stitiban land of the Petitioner by
making a demarcation on 05.03.2025 by mike
announcement.
Apart from the above, the Petitioner has also
sought for a direction from this Court to the Opposite
Party No.3 to 6 for not demolishing the house of the
Petitioner from the scheduled land.
5. Heard learned counsel for the Parties.
6. Learned counsel for the Petitioner, at the outset,
submits that the case of the present Petitioner is covered
by the decision of this Court vide judgment dated
29.10.2024
passed in W.P.(C) No.16110 of 2024 and batch
of Writ Petitions. He, accordingly, submits that since the
Petitioner stands on similar footing, his case may be
disposed of in terms of the judgment dated 29.10.2024.
7. Considering the submission made on behalf of the
Petitioner, looking to the prayer made in this Writ
Petition and also keeping in view the judgment dated
29.10.2024 passed in W.P.(C) No.16110 of 2024, this Court
is of the view that the factual dispute involved herein
cannot be adjudicated by this Court. Accordingly, this
Court remits the matter back to the Executive Officer,
Baragarh Municipality for reconsidering the case of the
Petitioner and passing a lawful order afresh taking into
account the reply to be submitted by the Petitioner.
8. The Petitioner is directed to appear before the
Executive Officer, Baragarh Municipality along with all
the supporting documents so also an authenticated copy
of this order within ten working days hence.
9. It is made clear that the Executive Officer,
Baragarh Municipality shall issue a detailed show cause
notice to the Petitioner and the Petitioner shall be given
opportunity for filing of the reply. If the said reply is
filed, if necessary, personal hearing may be granted to the
Petitioner and subsequent to that, Municipality shall pass
a reasoned order.
10. It is further directed that till a fresh order is passed
by the Executive Officer, Baragarh Municipality taking
into account the reply of the Petitioner, no coercive action
shall be taken against the Petitioner pursuant to the
demarcation made on 05.03.2025
11. This Writ Petition is, accordingly, disposed of.
12. Personal appearance of the Executive Officer,
Baragarh Municipality is dispensed with.
(Dr. S. K. Panigrahi)
Judge
Gitanjali
